Cool-Wave Terms and Conditions
Thank you for visiting the
www.coolwave.com.hk website (the “Site”) of Cool-Wave (H.K.) Technology Limited
(“Cool-Wave Hong Kong”). Access to and use of the Site and related services
(collectively, the “Services”) are made available to you in accordance with the
following Terms of Use & Service and any other rules posted on the Site
(collectively, the “Terms Of Service” or “TOS”). By using the Services, such as
placing orders on the Site, you are agreeing to all of the Terms Of Service.
Cool-Wave (HK) Technology Limited is a
company registered in Hong Kong SAR. Our registered address is 1028, 10/F,
Focal Industrial Centre, 21 Man Lok Street, Hung Hom, Kowloon, Hong Kong.
This agreement does not acknowledge any
relationship between you and Cool-Wave Hong Kong (partnership, collaboration,
employment, or otherwise). It does not entitle you to hold yourself as a
representative of Cool-Wave Hong Kong.
We reserve the right to make changes to the
Site, related policies and agreements, the Privacy Policy and this TOS at any
time. You are advised to check the Site from time to time to check the update
or changes to the said policies and agreements, the Privacy Policy and the TOS.
1. Registration:
- You
will need to register an account to use some of the Services available to you
on the Site. In registering an account, you agree to provide information about
yourself that is true, accurate, current, and complete in all respects. Please
refer to our Privacy Policy for more information on how we use your personal data.
If you are under 18, you must let your parents or guardian know about Cool-Wave
Hong Kong’s Privacy Policy before you register to use the Site and the
Services. Cool-Wave Hong Kong reserves the right to only accept orders from you
if you are aged 18 or over.
- In
using the Site, you agree to accept responsibility for all activities conducted
through your account. You are responsible for keeping your account and password
secure. If you feel or suspect that the security of your account has been
compromised or if there is unauthorised use of your account, please contact us
immediately.
2. Prohibitions
and Failure to Comply
- We
may take actions against your account for activities including, but not limited
to:
• Using
any technology to attempt to hide the use of multiple accounts or disrupt any
of our Services in any way
• Initiating
communications that contain any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, profane, hateful, or racially,
ethnically or otherwise objectionable material
• Advertising
or sending unsolicited messages of any kind
• Impersonating
others or providing any kind of false information Cool-Wave Hong Kong reserves
the right to terminate any account at its sole discretion We may send you an
email to inform you of the termination of your account in such event.
3. Intellectual
Property
• Brand,
Trademark, logo’s, artwork, graphics on product or items displayed are of their
respective owners.
• All
software and Content (which is defined as, or includes, any text, audio or
music, video, graphics, photographs, and image) are the intellectual property
of Cool-Wave Hong Kong and are protected by intellectual property and copyright
laws and international treaty provisions.
• You
may not distribute, reproduce, publish, sell or license any Content contained
within the Site without prior consent or authorization of Cool-Wave Hong Kong
and/or respective IP owners. Any such unauthorized actions may result in civil
consequences or criminal penalties.
Cool-Wave Hong Kong reserves the right to
withdraw or amend any item of the Services without notice. We will not be
liable if for any reason the Site is unavailable at any time and for any
period.
4. Third
Party Links
• The
Site may include links to other websites or resources that are not operated or
prepared by Cool-Wave Hong Kong. We have no control over such sites and
resources and we will not accept responsibility for them or be liable for any
loss or damage caused or alleged to be caused by or in connection with your use
of them.
• Cool-Wave
Hong Kong is not responsible for the content or accuracy of any off-Site pages,
which include but is not limited to advertisers of the Site. Use of these
external websites or resources will be at your own risk and subject to the
terms of use and service contained within each of such sites.
5. Eligibility
to Purchase
In order to place orders with us, you must
meet our conditions of eligibility:
• Be
aged 18 years of age or over
• Be
in possession of a valid credit/debit card issued by a licensed bank acceptable
to Cool-Wave Hong Kong for payment or be in possession of a valid PayPal
account, unless you have opted to pay in cash on delivery
• Providing
personal and payment details that are warranted by you to be both valid and
accurate (email address, real name, phone number, billing information and other
requested information as indicated on the Site)
In placing an order with us, you authorise
Cool-Wave Hong Kong to process a charge or charges on your credit/debit card or
PayPal account in the amount of the total purchase price of your order. You
also expressly authorise us to use personal information provided by you to
perform appropriate anti-fraud checks such as credit checks and also to, where
necessary, transmit or obtain information about you to or from third parties
including, but not limited to, credit reference or fraud-prevention agencies,
which may keep a record of that information. Please refer to our Privacy Policy
for further information about how we use your data.
All orders are subject to stock
availability and confirmation of the order price. Items in your shopping basket
are not reserved and may be purchased by other customers.
The Site is for your personal use only. You
may not purchase goods from the Site for reselling purposes or commercial
exploitation.
6. Product
Description
• All
Products sold on www.coolwave.com.hk are imported or locally procured from
authentic sources which may include manufacturer, their agents, dealers or
vendors world-wide. Cool-Wave Hong Kong is committed to NO-FAKE Policy. Prior
to purchase, you must ensure that product ordered are suitable to you and your
health & seek advice of health care personal.
• Cool-Wave
Hong Kong will Endeavour to ensure that the Content and the product
descriptions on the Site to be accurate and complete as possible. We however do
not warrant that Content and product descriptions are accurate, complete,
current or error-free.
• Our
aim to provide authentic and genuine product at reasonable prices. We procure
product / items world-wide. It may be that instruction, description or content
printed on packaging may in the language
of country manufactured or intended to be sold, instead of English and/or
Chinese.
• All
product shipped shall have minimum remaining shell-life of 120 days from the
date of shipment, where applicable.
Please refer to our Returns policy if you
feel a product offered by Cool-Wave Hong Kong is not as described. Taking into
consideration individual’s personal hygiene issues and concern, product / items sold are non-returnable.
7. Pricing
Prices displayed on the Site at the time
your order is accepted will be honoured except in the case of obvious error.
Whilst we use our best endeavours to ensure that all prices appearing on the
Site are accurate, we do not guarantee that they are error-free and reserve our
right to rectify any errors. If we discover an error in the price of any
products that you have ordered, we will inform you as soon as possible and
offer you the option of reconfirming or cancelling your order. If we are unable
to contact you, we will treat the order as cancelled.
The final price charged in your currency
will be calculated by your issuing bank in accordance with the applicable
exchange rate on the day your card issuer processes the transaction.
8. Payment
We accept payments made by Visa, MasterCard
and PayPal, as well as payments in cash on delivery.
By placing an order using one of the above
Credit/Debit card and online payment methods, you confirm that the Credit/Debit
card(s) or PayPal account used is yours or that you have been authorized by the
owner to use it. If your card issuer refuses to authorize payment to Cool-Wave
Hong Kong, we will not be liable for any delay or non-delivery.
Our payment processes meet the stringent
international security standards set down by the Payment Card Industry to make
your shopping experience safe and secure. If you have registered an account on
the Site and have decided to save your card details with us, your details will
be fully encrypted, solely used to process card transactions that you have
initiated and securely stored on our systems. In the absence of negligence on
our part, we will not be liable for any loss you may suffer if any third party
procures unauthorised access to any data you provide when using our Services.
9. Acceptance
of your Order
Once you have entered your personal and
payment details and placed your order, we shall send you an email acknowledging
the receipt of your order. This email is only a confirmation of receipt of your
order and does not constitute an acceptance of your order. Your order will be
accepted and the contract between you and Cool-Wave Hong Kong will be completed
when we send you an email to confirm the goods have been dispatched to you.
Only the goods listed in the confirmation email sent at the time of dispatch
are included in the contract formed. All sales contracts are therefore
concluded in Hong Kong SAR and are written in English.
Cool-Wave Hong Kong reserves its right not
to accept an order for any reason at its sole discretion. Such reasons include,
but are not limited to, one of the following:
- The
product you ordered is out of stock, or is withdrawn due to its failure to meet
our quality standards or due to the shipping restrictions applicable to one or
all of the ordered items.
- We
identify a pricing or product description error.
- We
are unable to obtain authorization for payment.
- You
do not meet the eligibility criteria to purchase as set out in this TOS.
- All
decision made on this regard shall be final and binding.
Our Customer Service team will contact you
as soon as possible if there are any problems with your order.
10. Shipping
and Collections
We ship WORLD-WIDE.
• Hand
Delivery / Pickup
o You
may choose to collect product from our distribution and delivery counters.
• Delivery
by Courier
o You
will be given an indication of the expected delivery time when you place your
order online. Cool-Wave Hong Kong’s teams will try their best to meet these
estimates but cannot guarantee that such estimates must be met.
o Cool-Wave
Hong Kong doesn’t provide free shipping. All products are delivered through
recognized and reputed courier services such as DHL, FEDEX, Speed-Post, UPS,
Local Post Office, SF Express etc.
o All
shipments are carried out at your risk and once delivered to courier, shall be
deemed to be delivered to you. Cool-Wave Hong Kong doesn’t insure your orders
unless you ask us to do so at an extra premium.
o You
or courier service nominated on your behalf need to sign a confirmation of
receipt of the products when the products are collected and by doing so, you
accept the responsibility for the products ordered from that moment on. If the
recipient or collector is not the original purchaser, or in case of delivery of
a gift, then you accept this signature as an evidence of delivery and
fulfillment of your order by Cool-Wave Hong Kong. You also accept the
associated transfer of responsibility in the same way.
Taxes and Duties (Shipment outside Hong
Kong)
• If
you ordering from out-side Hong Kong, You shall be liable to pay taxes and
charges levied by your Government. In case items / product is confiscated or
seized by local authority (whatever be the reason), it shall be deemed
delivered to you.
Cool-Wave Hong Kong reserves the right to
update its shipping policy at its sole discretion without prior notice.
11. Returns
In order to enjoy the best possible online
shopping experience, you are advised to visit local stores or ‘Brand’ show-room
to get proper information of the product prior to you place any order.
Taking into consideration personal hygiene
concerns, most of the items / product listed on www.coolwave.com.hk sold are
non-returnable and no refund shall be entertained.
Products eligible for refund can only be
returned as per under:
• You
can return your order for up to 7 days from the purchase date
• Products
must be in original condition, with all tags attached, unopened, and must be
returned in the original undamaged box and/or packaging
• Return
items must not fall under the list of non-refundable brands / items.
• Please
note that we will not be able to provide a refund on any shipping fees (to
& fro) charged for the original order.
• Please
refer to http://www.www.coolwave.com.hk/returns for more details on our returns
policy
12. Your
Right
Nothing in the TOS is intended to affect
your rights under the Law in Hong Kong SAR.
13. Liability
Views expressed in any media by the
designers, companies or third parties, whose products are sold on the Site or
with whom we are associated, are their own. Cool-Wave Hong Kong takes no
responsibility for any such views as they do not necessarily reflect ours.
Cool-Wave Hong Kong does not guarantee that
the use of the Site and Services will be error-free or that the Site or the
servers that make it available are free of viruses or other harmful components.
We recommend all users of the Site to ensure they have up-to-date software,
including anti-virus, installed.
Some events may happen beyond our
reasonable control, such as adverse weather. Under such conditions, Cool-Wave
Hong Kong will always do its best to aim at maintaining its Services but will
not be responsible for failing to meet any obligations in this TOS.
14. Indemnity
and Waiver
At our request, you agree to compensate us
fully and hold us, Cool-Wave Hong Kong (including its officers, directors,
agents, affiliates, licensors, and suppliers), harmless from and against all
liabilities, claims, expenses, damages and losses, including legal fees,
arising from any breach of the TOS by you. This includes the use of the Site by
any other persons using your account caused by your action or inaction.
If you breach the TOS and we take no action
against you, it is no wavier for us to exercise our rights and remedies in any
other situation where you breach the TOS.
15. Complaints
We have our complaints handling procedure
that we will use to try to resolve any disputes when they first arise. Please
contact our Customer Care team for any order related complaints or comments.
Cool-Wave Hong Kong respects the
intellectual property of others. If you have reason to believe your work may
have been used in the Site without your permission, please contact us following
this complaints handling procedure.
16. Governing
Law and Jurisdiction
The TOS, together with all our policies and
procedures, are governed by and construed in accordance with Hong Kong SAR law.
The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the
event of any dispute or claim associated with these TOS.
Version: June 2017